Gregory Townsend says a disposable vape he bought in March 2024 suddenly exploded in his pocket, leaving him with extensive second- and third-degree burns on his right thigh and hand. He has filed a lawsuit against Magma Holding, the Las Vegas company that operates the EightVape brand, alleging defective design, negligence and breach of warranty, and seeking more than $75,000 for medical bills, scarring and lost wages.
According to the Las Vegas Review‑Journal, Townsend says the device blew up less than a month after he bought it, igniting his clothing and causing injuries his lawyers describe as physical trauma, scarring and lost enjoyment of life. The complaint again seeks more than $75,000, and the paper reports that the plaintiff's attorneys said the company did not respond to requests for comment.
What the lawsuit says
The complaint argues the device was defective and that, if the battery voltage is too high and the resistance is too low, the heating coil can overheat and damage the battery, according to the filing described by the Las Vegas Review‑Journal. The lawsuit says the battery's internal temperature can lead to a fire or explosion and warns that the alleged defect will injure others unless those responsible are held to account.
Company record and regulatory scrutiny
The company behind EightVape has already drawn federal attention. In June 2024, the U.S. Food and Drug Administration sent Magma Holding a warning letter saying the firm marketed disposable ENDS products without required premarket authorization. The letter names the company and lists Las Vegas addresses tied to the brand, raising broader questions about how some disposable vapes are manufactured, labeled and sold.
Why batteries explode
Lithium-ion batteries in vaping devices can undergo thermal runaway, a rapid and uncontrollable temperature spike, and they are a known source of catastrophic failures. A 2017 report from the U.S. Fire Administration found that the shape and construction of many e-cigarettes can make them behave like "flaming rockets" when a battery fails and that a large share of incidents happen while devices are carried in pockets. Medical case series in PubMed Central have documented severe burns and other traumatic injuries from such explosions.
Legal path ahead
Townsend's claims of defective design, negligence and breach of warranty follow a familiar pattern in product-liability suits over vaping products, where plaintiffs frequently target manufacturers to probe product testing, supply chains and warning labels. Legal reporting from Law360 has tracked similar litigation strategies in recent years as plaintiffs try to pin responsibility on makers and component suppliers rather than retailers.
What's next
The case is in its early stages and is expected to move through pretrial filings and discovery if it survives any motions to dismiss. Future court documents and filings will determine whether testing or internal company records back up the complaint's allegations and what damages, if any, a court ultimately awards.
